New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-10-22
IN BEHALF OF ANARCHISTS.
THE CHICAGO CASE IN WASHINGTON.
svxrRAL PRYoR's ARGUM nj ON THE 0oN9'ii'
TIoNAIITY OF THf ILLINOIS e'Ai'ih'
NY TELEGRAPH TO THE TR BUNE-]

" 80 attendants brought in a BIC trunk, said
,in tlc record of the trial in the Illinois
conrts and deposited il in a corner lien appeared
Nos.rs Black and a Omon and Roger A. IrEor'
80 concre,smen j. il. Tucker. of Virginia ana
r n,,,cr Of Massachusetts. The last two
Rod served in Congress together, ana ooth re-
M ~ ,,e;r acouaintance with General Pryor.
,rho was member Of the House in ante-bclium
Awe Tho counsel formed an interesting group
e. to scorc or so of spectators who had gathered
90 vatcb the proceedings. Presently Associate JUS
,;co II3rlan come in and seated himself at the
head Of the conference. AS soon rs counsel were
seated he sa d that in antci alton OF the applca-
tion he had pre- ared statement when he
would read.
In effect it was that whatever might be the
result of the application to him, it would have
10 be heard by the full bench. and that as 1t
was important to facilitate the business OF the
court and as human life and liberty were IN
vOved he deemed it proper 10 order that couhsei
present their application to the court in open
session TO the end tlnt carly AMI final acficn
NAV he had upon the question Whethcc 'n"V
court has jurisdiction to review the judgment
in these cases There was reason why IT may
not be presented TO the Ourt at its session
to-day. lie added:
Counsel NAV that the application made 10 inc
court pursuant to my direction
When Justice Harlan concluded, General Pryor
asked if the motion might be made to-day, ana
when he had received an Affirmative answer
MIR. Tucker asked;
rs this motion day?
ANY day is mot on day." replied Justice Harlan
A PROMPT HEARING BY THE JUSTICES.
II would seem as though Messrs. Tucker
and Pryor are rather unfamiliar with
tho rnlcs of the Supreme Court or else that they
vrro somewhat tak6n abaclI by the short and
easy pathway opened before them. The action Of
Justice Harlan soon became known and when
the Supreme Court assembled at noon
the room was crowded. 1t was with
d,ffculty that officers Of the court Kept the
eager crowd from invading the preclnc WITHIN
the ra ling reserved for the bar. Connse for the
Anarchists entered few moments before II
o'clock and took seats alongside each other when
the court was convened Mr.. Tucker arose and all
eyes were strained in his direction. the suppos'lon
being that he was about present the petition. brt
he only moved that Captain Black and Mr. Salomon
the Chicago counsel that side of the case, be ad-
mi.ted 10 the bar
General Pryor stated that he presented a pctl-
ton for a writ Of error in the OF the eight men
under condemnation in Chicago. He said that by
Section 7O9 of the Revised Statutes the United
States supreme Court has jurisdiction TO anime
final Judgment in any suit IN the highest court
of a state where Us drawn in question the validity
of a statute of or any authority exercised under
statute on the ground OF their being rcpusnant to
the Constitution Of tn United States: or where
any title right prlvIleg, or immunity is claimed
nnder the Constitution. and the decision is against
the title right and forth. HIS first point called
III question the constitutlOnality Of a statute OF
Illinois which provides that il shall not be cause
of G lallen.c that juror has read III tho news
pauers an account of the com .ssIOn of the crime
with which the prisoner is charged; nor shall the
facr that Juror has formed an oplntol or impress
SION based upon rumOr or newspaper articles, as
0nailfv him. if he shall state upon oath that he
believes he can fairly and lnpartlaHy
render verdict in accordance with
the law and evidence and the court
shall be satisfied OF the truth of such statement
General Pryor said that the jury VIII ch tried his
client was organized und'r this statute and he
maintained that the statute was in conflict with
TIE Federal Constitution aud with the Constltu-
ton of limos aud that it operated TO deprive the
cused men of trial by an impartial jury; that 1t
abridged the privileges and immunites OF the
accused men as citizens of the United States and
that il deprived them OF fe liberty, etc., without
due process of law.
Justice Miller wantel to know if it could be
shown that any of the jurors had read the news
raper accounts of the crime. or had formed or ex-
pressed an opinion. General Pry or replied that
two of them had done so.
The Chief Justice repeated Justice Millers ques
ton to whether 1t could be shown that any one
Of the jurors actually formed or expressed an opln
ION.
Genera PrvOr's reply was not 50 definite He in-
timatcd that the juror who expressed positive
opinion was rejected upon percmptory challenge.
The Chief Justice then remarked very Significant
ly:
THE ONLY POINT TO BE DECIDED.
" The only question here is whether or not the
statute referred TO is a valid statute or mott Ii the
Court erred in its administration. that is question
for the State"
The points made by General Pryor may be sum
married. as follows:
That the law of Illinois In permitting the acceptance OF
Jurors who formed expressed opinion conflicts
with that clause ofthe sixth Amendment to the COnsti
tuition winch provides that all criminal prosecutions
the accused shall enjoy the right to speedy and
public trial by an impartial jury
That IN allowing an unrostrsined cro3s-e1amina-
uon the prisoners were compelled TO testify
against themselves, 10 violation OF the Flfh Amend
shall be compelled TO be witness against himself.
That because OF the methods ana irregularities OF the
"w,,bnnt p are us'HeI We ol ls m M r e
tesnth Amendment 10 the Constitution.
The Chief Justice directed to have printed ready
for submission TO the court to-day such parts of
the record As contain the points raised He added
that the court would be prepared to announce lis
determination upon the petItIOnuext Monday. The
counsel prepared 10 have the printing done at oacc
The remark OF the Chef Justice TO General Pryor
that the only question for tie supreme Court to
consider Is the validity OF the Illinois statute pre-
scTlbne qualifications for jurors, is taken to indi
cate that tue court will consider only that
point.
MR.. TUCKEE'S VIEWS OK TIE FOURTEENTH AMEND-
MFNT
II seems that the counsel for the Anarchists do
not agree wholly among themselves. Mr.. Tucker
Tor example, relies wholly upon an argument based
upon tins provision Of the Fourteenth Amendment
to the Constitution:
No state SHAH make enforce any law which shall
antIdPe me pNllegss or nmnntos OF citlZens Of tho